Allahabad passed in Writ-c No. 66020 of 2009- Shri Ram Pandey Vs State of UP and Others, decided on 04.12.2009 and has stated that in the said writ petition, the petitioner had intended to deposit the entire amount in installments and once the order was passed and the stand was taken by petitioner, then no further issue remains to be decided and it tantamounts to admission on their behalf. The learned counsel has further drawn attention of this court to page no. 25 of the paper book, which is copy of the order impugned, wherein the reference of the order dated 07.07.2011 passed by the Hon’ble High Court in W.P. No. 36587 of 2011- M/S Kalawati Enterprises Vs State of UP and Anr. has been given. In the said order, it was brought to the notice of the Hon’ble High Court that no installment was deposited in pursuance of the earlier order dated 04.12.2009 of this court and the petition was dismissed as withdrawn, therefore, the borrower cannot raise any objection with regard to non-compliance of any of the provisions of the SARFAESI Act. The learned counsel has also drawn attention of this court to page no. 48 of paper book, which is relief clause sought by the respondentsborrowers in their S.A. and has argued that no challenge was made to the notices under Section 13(2) and 13(4) of the SARFAESI Act and only the prayer was made for quashing of the sale notice dated 14.08.2010. The learned counsel has further drawn attention of this court to page no. 154 of the paper book, which is order dated 15.04.2014 passed by this Tribunal in Appeal No. R- 227/13, wherein it has been held that the auction was not held through private treaty. Thus it was prayed that the present appeal filed by the appellant may be allowed and the impugned order passed by the Tribunal below be set aside.
